Notice to user #
This is a legally enforceable agreement between you (“you” or “yours” and other grammatical equivalents) and Bjango Pty Ltd. (“the Company”), which covers your use of the Snowflake software product that accompanies this Agreement and related software components, which may include associated media, printed materials, and “online” or electronic documentation. All such software and materials are referred to herein as the “Software” or “the Snowflake Software”. if you do not agree to the terms of this License Agreement, then do not install or use the Software. By explicitly accepting this License Agreement, or by installing, copying, downloading, accessing, or otherwise using the Software, you are acknowledging and agreeing to be bound by the following terms:
1. Definitions #
A. “Software” shall mean the Snowflake software including any Updates thereto, in object and source form, and the media and Documentation provided by the Company to you and for which you are granted a license pursuant to this Agreement.
B. “Documentation” shall mean the printed or online written reference material furnished to you in conjunction with the Software, including, without limitation, instructions, guidelines, and end user guides.
C. “Intellectual Property Rights” shall mean all intellectual property rights, including, without limitation, patent, copyright, trademark, and trade secret.
D. “Updates” shall mean a modification, error correction, bug fix, new release, or other update to or for the Software.
2. Standard License terms #
The Company grants you a non-exclusive license to use the Software, only in accordance with the terms and conditions set forth herein. Use of the Software under this license may be for both commercial and non-commercial purposes.
3. General terms #
3.1 Title #
‘Snowflake’ and ‘Bjango’ represent proprietary common law trademarks owned by the Company and must not be used without written permission.
The Company shall own and retain all right, title and interest in and to all intellectual Property Rights related to the Software, the Documentation and all improvements to any of them however so created. You do not acquire any other rights, express or implied, in the Software. All rights not expressly granted hereunder are reserved to the company.
3.2 Archival or backup copies #
You may copy the Software for backup and archival purposes only, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the “License Grant” section above.
3.3 Things you must not do #
The Software and Documentation are protected by Australian and international copyright law. You must treat the Software and Documentation like any other copyrighted material — for example, a book. You may not:
- Copy the Documentation,
- Copy the Software except to make archival or backup copies as provided above,
- Modify or adapt the Software or merge it into another program,
- Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
- Place the Software onto a server so that it is accessible via a public network such as the internet, or
- Sublicense, rent, lease, sublicense or lend any portion of the Software or Documentation.
3.4 Limitation of license validity #
Any License to use the Software granted to you under this License Agreement is limited to the current major release of the Software exclusively. The Company will at its sole discretion decide when a version of the Software will be considered a new major release. The Company reserves the right to change the terms of this agreement in any future major or minor release of the software.
3.5 Additional services #
Fees may apply for additional services and products offered by the company and others, such as services that integrate with the Software or extend the functionality of the Software.
3.6 Limited warranty #
We warrant that for a period of 14 days after delivery of this copy of the Software to you the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorised to modify this limited warranty, nor to make any additional warranties. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
3.7 Limited remedy #
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to return the price you paid minus fees incurred to transfer those funds to you.
In no event will we be liable to you for any direct or indirect damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the software (even if we or an authorised dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.
3.8 Term and termination #
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You hereby agree that on termination of this license to permanently destroy all copies of the Software and Documentation in your possession.
3.9 General provisions #
3.9.1 This written license agreement is the exclusive agreement between you and the Company concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
3.9.2 This is the entire agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term or other breach hereof. if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
3.9.3 In the event of litigation between you and the Company concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
3.9.4 This Agreement, and all disputes arising out of or related thereto, shall be governed by and construed under the laws of the State of Victoria, Australia, without reference to conflict of laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Australia, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
4. Contact information #
If you have any questions about this License Agreement, or if you want to contact the Company for any reason, please send all correspondence via our contact page.